Data Protection Regulations and International Data Flows: Implications for Trade and Development

Similar documents
U.S. Japan Internet Economy Industry Forum Joint Statement October 2013 Keidanren The American Chamber of Commerce in Japan

E-Strategies in Africa

KISH REMARKS APEC CBPR NOV 1 CYBER CONFERENCE KEIO Page 1 of 5 Revised 11/10/2016

Scope of the Member State mechanism

Data Governance for Smart City Management

Promoting Global Cybersecurity

NATIONAL PROGRAMME Chapter 15 Telecommunication and Post. Telecommunication and Post

Resilience, Responsibility, Responsiveness Towards a Future-oriented, Sustainable World Economy. B20 Recommendations on Digital Trade

COMESA CYBER SECURITY PROGRAM KHARTOUM, SUDAN

EUROPEAN ORGANISATION FOR SECURITY SUPPLY CHAIN SECURITY WHITE PAPER

ENISA EU Threat Landscape

Digital Single Market Strategy for Europe

CONCLUSIONS OF THE WESTERN BALKANS DIGITAL SUMMIT APRIL, SKOPJE

Regional and subregional approaches to the Digital Economy: Lessons from Asia-Pacific and Latin America

Benefits of Open Cross Border Data Flows

The Transition from IPv4 to IPv6: Public Policy Overview.

Package of initiatives on Cybersecurity

Expert Meeting on CYBERLAWS AND REGULATIONS FOR ENHANCING E-COMMERCE: INCLUDING CASE STUDIES AND LESSONS LEARNED March 2015

Harmonisation of Digital Markets in the EaP. Vassilis Kopanas European Commission, DG CONNECT

2. What do you think is the significance, purpose and scope of enhanced cooperation as per the Tunis Agenda? a) Significance b) Purpose c) Scope

COMMISSION STAFF WORKING DOCUMENT EXECUTIVE SUMMARY OF THE IMPACT ASSESSMENT. Accompanying the document

A comprehensive approach on personal data protection in the European Union

Recommendations for Small and Medium Enterprises. Event Date Location

DIGITAL AGENDA FOR EUROPE

Resolution adopted by the General Assembly on 21 December [on the report of the Second Committee (A/64/422/Add.3)]

IMPORTANT GLOBAL CYBERLAW TRENDS 2017

Fundamentals of Cybersecurity/CIIP. Building Capacity: Using a National Strategy & Self-Assessment

An Energy Community for the Future Key Findings of the Report of the High Level Reflection Group. Barbora Jaksova, Energy Community Secretariat

ECOWAS Cyber security Agenda

WHO-ITU National ehealth Strategy Toolkit

Cybersecurity & Digital Privacy in the Energy sector

Cybersecurity Policy in the EU: Security Directive - Security for the data in the cloud

Angela McKay Director, Government Security Policy and Strategy Microsoft

B20 Digitalization Taskforce

13967/16 MK/mj 1 DG D 2B

Research Infrastructures and Horizon 2020

Building digital societies in Asia: mobile government and m-services

Commonwealth Cyber Declaration

Toward Horizon 2020: INSPIRE, PSI and other EU policies on data sharing and standardization

Workshop on Addressing the Barriers to IPv6 Deployment Spanish use case

NEW INNOVATIONS NEED FOR NEW LAW ENFORCEMENT CAPABILITIES

Radio Research and Development Institute (NIIR) Moscow, Russian Federation

ENISA Cooperation in the EU / NIS Directive

EXPERT GROUP MEETING ON CYBERCRIME

AMERICAN CHAMBER OF COMMERCE IN THAILAND DIGITAL ECONOMY POSITION PAPER

Qatar s National ICT Plan

Harmonizing of EU and EaP Digital Markets: HDM Initiative

Resolution adopted by the General Assembly. [on the report of the Second Committee (A/64/417)]

Kestävän kehityksen etiikka tietoliikennealan näkökulmasta Pekka Isosomppi Director, Social Regulation Nokia

China and International Governance of Cybercrime

ETNO Reflection Document on the EC Proposal for a Directive on Network and Information Security (NIS Directive)

etrade for all Year in Review Let s make e-commerce inclusive and drive development

The Arab ICT Organization

ICT Policy Perspective for APEC. Ministry of Internal Affairs and Communications March 2015

Brussels, 19 May 2011 COUNCIL THE EUROPEAN UNION 10299/11 TELECOM 71 DATAPROTECT 55 JAI 332 PROCIV 66. NOTE From : COREPER

The emerging EU certification framework: A role for ENISA Dr. Andreas Mitrakas Head of Unit EU Certification Framework Conference Brussels 01/03/18

The UK s National Cyber Security Strategy

European Union Agency for Network and Information Security

REGIONAL WORKSHOP ON E-COMMERCE LEGISLATION HARMONIZATION IN THE CARIBBEAN COMBATING CYBERCRIME: TOOLS AND CAPACITY BUILDING FOR EMERGING ECONOMIES

Cloud28+ Compliance in Cross Border Business

Internet Governance in April April 2016

NATIONAL BROADBAND STRATEGY IN THE REGION OF CENTRAL AND SOUTH EAST EUROPE (overview, market structure, challenges, recommendations)

Connecting the Connectivities Symposium 11 June Thailand

Cybersecurity in Asia-Pacific State of play, key issues for trade and e-commerce

MYTH vs. REALITY The Revised Cybersecurity Act of 2012, S. 3414

Liberia ICT Policy

Diana Korka Economic Affairs Officer, ICT Policy Section UNCTAD

Secure Societies Work Programme Call

A Strategy for a secure Information Society Dialogue, Partnership and empowerment

10496/18 MC/sl 1 DGD 2

Cybersecurity & Spam after WSIS: How MAAWG can help

IoT Security Policy and Regulation Initiatives in China. Fan Dongyang, Huawei

Plan a Pragmatic Approach to the new EU Data Privacy Regulation

Indonesia Cyber Security Market

Introduction of the Industrial Internet Consortium. May 2016

Chapter 5: Spanning the Internet divide to drive development (ITU)

Cybersecurity Capacity ITU Preetam Maloor Strategy & Policy Advisor 3 March 2015

Mobile Money for Business Development in the East African Community

A Modern European Data Protection Framework

EU funded research is keeping up trust in digital society

PROMOTING THE ICT SECTOR The Importance of Internationally Comparable Data

Regional Development Forum For the Arab States(RDF-ARB) 2018

Some keynote messages on standardization and trade between US and EU

Japan s Cyber Diplomacy

Cybersecurity Strategy of the Republic of Cyprus

ICT and Disaster Risk Reduction Division ESCAP

INSPIRE relevant policy developments in the EU's digital economy initiatives

Building YOUR Privacy Program: One Size Does Not Fit All. IBM Security Services

European Directives and reglements for Information security

Global Infrastructure Connectivity Alliance Initiative

COUNTRY PROFILE. Bulgaria

Ms. Izumi Nakamitsu High Representative for Disarmament Affairs United Nations

German Research Strategy in the Area of Civil Security Research

NATIONAL CYBER SECURITY STRATEGY. - Version 2.0 -

Welcome to the Industrial Internet Forum

13543/17 PhL/at 1 DG G 3 B

Workshop 4.4: Lessons Learned and Best Practices from GI-SDI Projects II

Health Informatics Research (HIR) for Uganda

Critical Infrastructure Protection (CIP) as example of a multi-stakeholder approach.

RESOLUTION 130 (Rev. Antalya, 2006)

Transcription:

Data Protection Regulations and International Data Flows: Implications for Trade and Development Cécile Barayre (cecile.barayre@unctad.org) Economic Affairs Officer, ICT Analysis Section Division on Technology and Logistics, UNCTAD International Conference Convention 108: from a European reality to a global treaty Council of Europe, 17 June 2016

Why do the study? To map global landscape of data protection and privacy laws Primary objectives: Have a single source of information on the global landscape Contributions: AUC, APEC, Commonwealth Secretariat, CoE, EAC, ECOWAS, the EU; Consumer International, CCIA, ICC; Benin, Ghana, Mauritius, Niger, Uganda, United States Explore relationship between trade and data protection laws Consider policy options for international/regional organizations and countries that are developing data protection laws Serve as a basis for continued global dialogue prioritizing compatibility between divergent frameworks

Civil Society; Individuals Who are the Stakeholders? Consumer protection, individual rights Perhaps the most significant challenge to privacy is that the right can be compromised without the individual being aware - Privacy International Private Sector Business opportunities, trade, innovation Government egovernment, national security, protection of privacy International organizations Formulation of rules Capacity building

Why is Data Protection Important? Many social and cultural norms around the world include a respect for privacy; for some it is a fundamental right. In the information economy, large quantities of digitized information and data move across national borders International flow of goods, services, and finance has increased global GDP by approximately 10 percent, or $7.8 trillion in 2014. Data flows represent an estimated $2.8 trillion of this added value. Source: UNCTAD and McKinsey Global Institute

Why Talk About it Now? New technological developments add urgency Internet of Things : Value-added services will grow from around $50 billion in 2012 to approximately $120 billion in 2018 Cloud computing: Estimated global market value of the industry by 2017, from $107 to $127 billion. Big Data and Data Analytics 5G Networks Many opportunities, but also potential drawbacks and concerns Source: UNCTAD, Woodside Capital Partners, U.S. Dept. of Commerce; Global Industry Analysts

Implications for International Trade Data protection is directly related to trade in goods and services in the digital economy Too little protection can create negative market effects through affecting consumer confidence Too much can overly restrict business activities and trade Ensuring that laws consider the global nature and scope of their application, and foster compatibility with other frameworks, is of importance for global trade Getting the balance wrong between data protection and data flows can have serious consequences for either the protection of fundamental rights or for international trade and development.

Global map of data protection laws 2016 Number of countries Source: UNCTAD Global Cyberlaw Tracker

Core principles present in many frameworks Diverging implementation practices Global compatibility is a common goal Reflecting the global nature of data flows and the Internet Observations in the study

Issues Concerning Global Compatibility Gaps in coverage Significant real world impact to date of the CoE Convention 108 National gaps: no laws, partial laws or that contain broad exemptions Impact of new technologies Cross-border data transfers Data localization requirements Balancing surveillance and data protection Enforcement of data protection laws Determining jurisdiction Compliance burdens

CoE Convention 108 as the most promising international development Comprehensive coverage Core principles widely accepted Ability for any country can join Convention works through a collaborative open process Binding nature drives harmonization Has strong support from the other initiatives Faces possible challenges in accommodating very different national schemes (most importantly the U.S.)

Selected Policy Options Adopt baseline legislation based on common principles Address gaps in global coverage and avoid fragmentation Adopt protection that does not unnecessarily hamper trade and innovation Give special attention to cross-border transfers Consider compliance burdens Establish a regulatory structure that ensures adequate enforcement Improve capacity building Multi-stakeholder involvement

Thank you! unctad.org/data-protection-study